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"For Canadian litigation lawyers who are confronted with the question of whether to sue in the U.S. or in Canada, finally here is a book which offers guidance for evaluating the best forum and identifying the relevant factors.
Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.
This practical guide provides immediate solutions to common and unfamiliar evidentiary problems that can arise in civil, criminal, family or administrative proceedings. Difficult concepts are simplified for easy understanding and instant use in court. The author takes the common law and the provincial and federal Evidence Acts to their essentials. This seventh Edition is fully updated to account for the rapidly changing laws of evidence, including revisions to the sections on expert testimony, false confessions and settlement privilege along with new sections on misapprehension of evidence and unreasonable verdicts, demeanor evidence and alibi. This publication is a must-have for any lawyer dealing with evidentiary issues, as well as judges, law students and professors, and law clerks and papalegals.
The New Lawyer analyzes the profound impact changes in client needs and demands are having on how law is practised. Most legal clients are unwilling or unable to pay for protracted litigation and count on their lawyers to pursue just and expedient resolution. These clients are transforming the role of lawyers, the nature of client service, and the principles of legal practice. In this fully revised edition of the now classic text, Julie Macfarlane outlines how lawyers can meet new expectations by committing to lawyer-client collaboration, conflict resolution advocacy, and revised financial structures so that the legal profession can remain relevant in this rapidly changing environment.
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.